BILL NUMBER: AB 224	CHAPTERED  08/31/99

	CHAPTER   270
	FILED WITH SECRETARY OF STATE   AUGUST 31, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	PASSED THE ASSEMBLY   MAY 24, 1999

INTRODUCED BY   Assembly Member Knox

                        JANUARY 28, 1999

   An act to amend Section 4850 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 224, Knox.  Workers' compensation:  peace officers:
disability.
   (1) Under existing law, certain peace officers and other specified
public employees are entitled to leave of absence without loss of
salary in lieu of temporary disability or maintenance allowance
payments while disabled by injury or illness arising out of and in
the course of their duties.
   This bill would extend that provision to specified peace officers
employed on a regular, full-time basis by a county of the first
class.
   (2) This bill would make legislative findings and declarations as
to the necessity for a special statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any city police officer, city, county, or
district firefighter, sheriff or any officer or employee of a sheriff'
s office, any inspector, investigator, detective, or personnel with
comparable title in any district attorney's office, any peace officer
under Section 830.31 of the Penal Code employed on a regular,
full-time basis by a county of the first class, or lifeguard employed
year round on a regular, full-time basis by a county of the first
class, who is a member of the Public Employees' Retirement System or
subject to the County Employees Retirement Law of 1937 (Chapter 3
(commencing with Section 31450) of Part 3 of Division 4 of Title 3 of
the Government Code) is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of
his or her duties, he or she shall become entitled, regardless of
his or her period of service with the city or county, to leave of
absence while so disabled without loss of salary in lieu of temporary
disability payments or maintenance allowance payments under Section
139.5, if any, which would be payable under this chapter, for the
period of the disability, but not exceeding one year, or until such
earlier date as he or she is retired on permanent disability pension,
and is actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) This section shall apply only to city police officers,
sheriffs or any officer or employee of a sheriff's office, and any
inspector, investigator, detective, or personnel with comparable
title in any district attorney's office, who are members of the
Public Employees' Retirement System or subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3 of the Government Code) and
excludes employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service, and excludes
employees of a county sheriff's office whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.  It shall also
apply to city, county, or district firefighters who are members of
the Public Employees' Retirement System or subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3 of the Government Code) and
excludes employees of the city fire department, county fire
department, and of any fire district whose principal duties are those
of a telephone operator, clerk, stenographer, machinist, mechanic,
or otherwise, and whose functions do not clearly fall within the
scope of active firefighting and prevention service.  It shall also
apply to deputy sheriffs, and to peace officers under Section 830.31
of the Penal Code employed on a regular, full-time basis by a county
of the first class, who are subject to the County Employees
Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 of the Government Code).  It shall
also apply to lifeguards employed year round on a regular, full-time
basis by a county of the first class who are subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3 of the Government Code).
   (c) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (d) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
   (e) This section shall become operative on January 1, 1990.
  SEC. 2.  The Legislature finds and declares with respect to Section
1 of this act that a special law is necessary and that a general law
cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because the work of peace
officers under Section 830.31 of the Penal Code who are employed on a
regular, full-time basis by a county of the first class require the
disability benefits of Section 4850 of the Labor Code.
